Patent Registration in India

Table of Contents

Assume that you have invented the machine for industrial purposes. Initially, you were curious if people would like the uses of that machine. But after about a year of launching it, you see the demand and love for it rising. Let’s discuss Patent Registration in India.

Suddenly, you bother that someone else can copy your invention, and you will lose your invention? Well, take a long breath and relax because we have come a long way toward safeguarding an individual’s right to their invention. You can establish sole ownership over your inventions by registering for a patent under the Patent Act 1970. To understand the basics of writing a Patent, read this article.

What is a patent

A patent is a techno-legal document that the Government of India registers. It gives an inventor the exclusive right to make, use, and sell their invention for a specified period.

The law of patent is one branch of the broader legal field known as intellectual property laws, including trademark, copyright, and industrial design act. Books, movies, and some artworks cannot be patented because all these assets can be secured under copyright law. The sole of the law is to encourage inventors to safeguard their inventions.

What inventions are patentable

For any asset or invention to qualify for a patent, it must meet three basic requirements:

It must be novel and one of a kind. It means that the particular invention must be new, and there should not be any existential trace of it or mirroring an existing invention.
It must be unique in itself. An improvement in the current technology by an individual cannot be patented.
It must be helpful. It should add value to the life of the number at a large public, and it must not benefit or support the use of illegal things or must not be used for any immoral purpose.

Some inventions (or discoveries) like Issac Newton’s law of gravity or Albert Einstein’s formula for relativity do not qualify for patents. Simply put, no one can obtain a patent on a law of nature or any known scientific principle.

What inventions are non-patentable

Even though the idea of a patent is to safeguard the maker’s creation, certain things do not qualify for this according to Indian law (sections 3 and 5 of Indian Patents Act, 1970):

Any method of agriculture or horticulture
Any process under the bracket of medicinal, surgical, curative, or other treatment of human beings, animals, or plants
An upgrade or discovery of anything that relates to atomic energy
Discovery of a unique machine, apparatus, or a process

How to get a patent in India

In India, the Patents Act is the central Act and describes the filing procedure and regulation of a patentable invention. This Act suggests that either the inventor, his assignee, or one of his legal representatives (in case the inventor is deceased) can apply for one in the head office of the Indian Patent Office or the branches of the office. Jurisdiction shall be based on the applicant’s address.

If the applicant is not an Indian citizen, they must apply in their respective jurisdiction (where the address of the applicant’s attorney can be treated as the address for service).

Steps for application of patent

You can apply for a patent all by yourself or get help from registered agents or Patent Attorneys. When it comes to the cost of getting a patent, the following two elements come into the picture:

Government fees for forms and renewals
If you choose to have an attorney or agent, then they will charge for their professional services.

Getting a patent through an Attorney or an agent is always recommended. Here are the steps required to apply for a patent:

Step 01: Invention Disclosure

The first step is to disclose your invention to a professional. It has to be done by signing a non-disclosure agreement.

Pro-tip: Be sure you have disclosed each known fact about your invention.

Step 02: Patentability Search

At this stage, your professional performs extensive research for related previous inventions in all the possible databases. Further, they build a patentability search report based on your invention’s significance. Generally, a professional can charge a fee (approx. INR 10,000 to INR 20,000) for a prior art search.

Step 03: Decision to apply for a patent

Now the actual process begins. After thorough research about (any) existing history or significant similar inventions, you can choose whether you want to go ahead with the patent application filing.

Important Fact: Your invention must have an ‘inventive step’ compared with existing prior art inventions to qualify for a patent. It must have either ‘technical advanced’ or ‘economically significant’ or both over any current substantial similar inventions.

The step where you decide to go ahead with the filing by writing an application is known as patent drafting.

Step 04: Patent drafting

Patent Drafting is purely a techno-legal document; therefore, you should hire a patent attorney or an agent. You might have to pay around INR 20,000 to INR 40,000 for patent drafting to hire a patent attorney.

Important fact- This is one of the most critical steps of the entire patent registration process. It needs technical and legal knowledge; that’s why patent drafting is a techno-legal document. If the patent application is not drafted suitably, all your hard work can be lost. Hence it’s a good idea to take professional help here.

Step 05: Filing the patent application

After thoroughly examining your patent draft and if you are satisfied with the content, you are ready to file for a patent application.

You can file the patent application in a prescribed manner with appropriate forms with fees. You need to pay costs of INR 1,600 or 4,000 or 8,000 (based on the type of application) while submitting the patent application to the patent office. If you do not file a request for early publication, the patent application shall be published on an expiry of 18 months from the filing date.

Step 06: Request for examination

This is the step where the applicant needs to request The Registrar of patents to examine your patent application within 48 hours. Request for examination fees will apply from INR 4,000 to INR 20,000 (based on the applicant type).

Step 07: Reply to the objections (if any)

The Reply to the first examination report must be submitted to the Registrar of Patents, and the Registrar will thoroughly examine the same. If the Registrar thinks it is a fit case to be granted, then the patent application can be treated as Granted.

Step 08: Grant of the Patent

If the application meets all the measured fundamentals, it can be moved for further process of Granting the Patent. Usually, the final grant of the application is notified through a journal published by the Department.

Step 09: Renewal of your patent

Generally, a patent is in force for 20 years. After 20 years, the owner needs to renew the patent by paying a small fee.

Advantages of getting a patent

Prevents theft of your invention
The sovereignty of exclusivity
Easy to build merchandise and market the invention
Higher market share since your idea becomes a brand
The more commercial value and more significant profit margins

Although the entire process of filing a patent is long and complicated, one must remember its value. With digital advancements, the process might get simplified and easy.

Having a patent guarantees that no individual can claim rights over your invention. If there is an infringement, you can take help from legal societies and avoid the troubles that can prove to be a barrier to your growth.

Read Meanwhile: Trademark Registration, Trademark Registration in Jaipur